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2 Reasons Kenyans may fail in recalling their members of parliament

2 Reasons Kenyans may fail in recalling members of parliament | Pulselive Kenya

Amos Robi

<ul><li>Public protests in Kenya against the Finance Bill 2024 have led to discussions about recalling Members of Parliament who supported the bill</li><li>The recall process is challenging due to requirements such as High Court judgment, initiation by registered voters, and timing constraints</li><li>Challenges in the recall process include petition filing, verification by the Independent Electoral and Boundaries Commission, and recall election</li></ul>

As Kenyans continue protesting the passing of the controversial Finance Bill 2024, discussions have begun regarding the potential recall of Members of Parliament (MPs) who voted in favour of the bill.

On Thursday, 205 lawmakers voted Yes, defeating the 115 who opposed the bill.

In addition to the public outcry, political parties such as the Wiper Party and the Orange Democratic Movement (ODM) have also expressed intentions to initiate recalls for their members who supported the bill.

However, the recall process is fraught with challenges, including the constitution of the Independent Electoral and Boundaries Commission (IEBC) and the timeline MPs must meet for recall, among others.

An IEBC clerk issues ballot papers to a voter during the 2022 General Election on August 9, 2022

READ: <a href="https://www.pulselive.co.ke/news/local/8-stages-all-bills-go-through-before-assent-by-the-president/0y3rzt2">8 stages all bills go through before assent by the President</a>

An MP can be recalled under the following circumstances:

<ol><li>Violation of Chapter Six of the Constitution: This includes ethical standards and integrity in public office.</li><li>Mismanagement of public resources: If an MP is found, through due legal process, to have mishandled public funds.</li><li>Conviction under the Elections Act: In cases where an MP is convicted of an offence related to electoral malpractice.</li></ol>

<h4>Initiation of the recall process</h4>

The recall process can only commence following a High Court judgment confirming the grounds for recall.

Importantly, the process must be initiated by a registered voter from the respective constituency where the MP serves.

President William Ruto hosted a Kenya Kwanza Parliamentary Group meeting at State House, Nairobi on November 7, 2023

READ: <a href="https://www.pulselive.co.ke/news/local/sudi-ababu-namwamba-john-kiarie-speeches-cut-short-after-finance-bill-2024-protests/r03dvkg">List of MPs &amp; CS whose speeches have been cut short after Thursday Finance Bill protests</a>

This can only occur between 24 months after the MP's election and 12 months before the next general election.

<h4>Hurdles Kenyans may face trying to recall MPs</h4>

Despite the calls for recall, several challenges complicate the process:

<ul><li>Constitution of IEBC: The Independent Electoral and Boundaries Commission (IEBC), responsible for overseeing the recall process, currently faces issues with its composition due to retirements and resignations of commissioners.</li><li>Timing restrictions: MPs elected in the recent general election in Kenya are not yet eligible for recall until they reach the 24-month mark, which will occur in August 2024.</li><li>Signature requirements: Initiating a recall petition requires signatures from at least 30% of registered voters in the constituency, with specific thresholds from each ward within the constituency.</li></ul>

Petition filing: A registered voter from the constituency must file a petition with the IEBC, accompanied by:

<ul><li>A list of signatures meeting the 30% threshold.</li><li>Evidence supporting the grounds for recall.</li><li>A statutory declaration validating the signatures.</li></ul>

READ: <a href="https://www.pulselive.co.ke/news/politics/mudavadi-rejecting-finance-bill-2024-is-akin-to-removing-the-govt-from-power/hzlsdyy">Mudavadi: Rejecting Finance Bill 2024 is akin to removing the gov't from power</a>

Verification: The IEBC verifies the petition and signatures to determine if they meet the required thresholds.

Notification and response: If the petition is validated, the IEBC notifies the MP, who then has an opportunity to respond to the allegations within a specified period.

Recall election: Upon confirmation of the petition's validity, the IEBC notifies the Speaker of Parliament and proceeds to organise a recall election within 90 days. The MP loses their seat if a simple majority votes in favour of the recall.

2 Reasons Kenyans may fail in recalling members of parliament

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